St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1887-09-08
is IT CONSTITUTIONAL?
A Learned Lawyer Discusses House File
Isl at Some Length.
NO RELIEF FOR SETTLERS.
A Delightful Mixture Of the Terms SAC
tual Purchasers" and "Actual
Settlers"


stitution, and be passed in accordance
with the rules and joint rules adopted
by the two houses of the legislature.
In SO tar as these pertain to the subject
under consideration they may be sum-
married as follows: First-Section 10,
article 4,constitution of Minnesota, says:
every bill which shall have passed the
senate and house of representatives, in
conformity to the rules of each house
and the joint rules of the Two houses,
shall, before it becomes law, be pre-
scented to the governor of the state. If
he approves he shall sign and deposit it
in the Office of the secretary of state for
preservation, and notify the house
where it originated of the fact.
Section 20-Every bill shall be read in
three different days in each separate
house. No bill shall be passed by
either house until it shall have been
previously read twice at length. Sec
ton 21-Every bill having passed both
houses shall be carefully enrolled and
shall be signed by the presiding officer
of each house. Section 27-NO law shall
embrace more than one subject, which
shall be expressed in its title. Section
3S33-The legislature is prohibited from
enacting any special or pri-
vate laws in the following
or collection of taxes, or for extend
ing the time for the collection thereof.
= = Tenth.-For granting to any individ-
ual association, except municipal, any
special Or exclusive privilege, immunity
or franchise whatever.
Among the rules and joint rules of the
two houses, adopted for the government
of the last legislature bearing upon the
present inquiry will be found the follow
ing, viz: All bills requiring the ap-
proval of the governor must be consid-
cred in committee of the whole before
final action by the House. The COM
mittee on engroSsment shall examine all
bills after they are engrOSSed and report
same before the third reading of the bill.
All bills which have passed both houses
shall be examined by committee on en-
rollment before presented to the pre-
siding officers of the house and senate.
All bills of a general nature are to be
printed if favorably reported by the
committee. Every bill shall be care
fully engrossed before transmitted to
the other house. Joint rule No. Il
When a bill has passed both houses the
enrolling clerk of the house where it
originated shall enroll the same for COM
parison by the senate and house COM
mittee with the engrosSed copies as
passed by both houses, and, if found to
be correctly enrolled. then reported to
lures of the presiding officers. Rule Is
begins, 1.-THE subject matter of each
bill shall be clearly expressed in its
title. When bill is enrolled and signed
by the presiding officers of the respec-
tive houses and presented to the gov
ernOr, as a matter of course the fact
that the proper parliamentary steps
have been observed on its passage are
presumed to have been taken, and if he
approves of the provisions of the bill,
it is his duty to sign it. This makes
up prima facie case, but is
not conclusive of the question.
The following is correct transcript of
the entries on the journals of the house
and senate as they now appear in those
Journals in the Office of secretary of
state: III. T. No. 157, p. 1O0-A bill to
relieve settlers from certain back taxes,
read first time and referred to the COM
mittee on tax laws, p. $50. Mr..
Barker, committee on taxes, to
whom was referred II. F. 157-
A bill for an act relating to the st. Paul
& Chicago Railroad company. and re-
lieying settlers from payment of certain
back taxes, reports same back with an
amendment and recommends that it pass
as amended. The report was adopted
Second reading of house bills-157
with a number of others were read
second time" Query? Is the reading
by mere numerals $50 such a reading
of the bill'' as is required by Sec. 20,
Art. 4, of the Constitution? p. $50, II. F.
No. I57-A bill for an act for payment of
certain back taxes, read third time and
pasSed-yeaS Sc. nays 21-SO the bill
passed and its title was agreed to. Sen
ate journal, p. 612, clerk of the house re-
ported to senate ii. L. No. 151-A bill TO
relieve settlers from judgment of
certain back taxes, p. $50. No
157. An act to relieve settlers from pay
ment of certain back taxes read first
and second times and referred to the
committee of the whole, page 632, the
committee of the whole considering
general orders ordered that house files
Nos. 157 that the bills pass
and be placed ON file for third reading,
page $50. Rules suspended and house
file 157, an act to relieve settlers from
payment Of certain back taxes, was
read the third time and passed. Yeas
Sc, nays 3, March s, 1887.
Tested by the foregoing provisions of
the constitution and the rules of the two
houses, and the entries in their respective
journals as above set forth, it seems to me
there can be but little doubt of the in
validity of the act in question. First, it
contraveneS section 10, article 4, because
not passed in conformity to the rules of
the two hOuSeS-there was no notifica-
ton of the governors approval to the
house where it originated.
SecOnd-Sec. 90. The bill was not
read on three different days in each sep
arate house. The bill was not read
twice at length in each separate house.
Sec. 81. The bill was not enrolled as
passed by both houses before signed by
the presiding officers.
Sec. 81. The law embraces more than
one subject, and that subject is not ex-
pressed in the title. 1t is in violation
of the provisions of section SO, which
prohibits any special or private laws
sixth Subject) for assessment or cOllec-
ton OF taxes, or for extending the time
(tenth subject). For granting to any in
dividual association or corporation, ex-
cept municipal, any special or exclusive
privileges, immunity or franchise what
ever. In contravention of number of
the rules of the two houses: First, not
considered in committee of the whole
before final action in the house; second.
not engrOSSed before third reading (nor
afterwards, either, SO far as shown by
the JournalS): third, not examined by
committee of enrolment, nor enrolled
before presented to the presiding Off
GERS; fourth, not printed; fifth, not en-
crossed before transmitted to the SEN
ates sixth, not enrolled after passing
both houses, and compared with en-
CROSSED copies as passed by each house;
seventh, the subject-matter of the bill
is not clearly expressed in it's title. IL
these plain requirements of the consti-
tuition and rules had been complied
with there could have been no ground
for even suspicion of wrong doing Gf
any was perpetrated, of which l have
no knowledge either in or outside of
the legislature.